Keeping Stories About Russia In Perspective

As I noted last week, there has been a lack of understanding of past relationships between world powers, and a lack of perspective, in recent discussions regarding Russia. Some act as if meddling in foreign elections is something new, such as a conspiracy between Donald Trump and Vladimir Putin, to deny Hillary Clinton the presidency some thought she deserved, as opposed to a continuation of long standing practices (even if updated for modern technology) between world powers.

Some see signs of dirty financial dealings as meaning that the Republicans, and therefore much of our government, is under Russian control. It really is possible for Trump and other Republicans to be corrupt idiots without it being related to a Russian plot. Our politicians, from both parties, have shown plenty of ability to act both corruptly and idiotically without Russia for many years. Some people even seem surprised to hear that an alleged Russian spy used sex to promote her goals. Have they never seen an episode of The Americans? 

Lyle Jeremy Rubin , a former Marine signals intelligence officer who has worked at the NSA, has written about the need for perspective in Commentary. He points out how, “U.S. cyber operations in Russia, across Russia’s periphery, and around the world already dwarfed Russian operations in size, capability, and frequency.”

Furthermore, covert American operations are deeply invested in interrupting democratic processes not only in Russia, but everywhere else. This includes the heart of Europe, where corporate media is now pretending the United States has always respected happy norms and decorum. It is as if the Snowden leaks never happened. The Defense Department’s tapping of Angela Merkel’s phone never happened. The Obama administration’s spying on the German press, including Der Spiegel, never happened. The same administration’s outing of German government whistle-blowers never happened.

Electoral meddling in particular happens all the time, both to us and by us. The U.S. government rigged the Russian election for Yeltsin in 1996, and then they bragged about it in a cover story for Time. (You can still find the cover online.) This followed the disastrous capitalist “shock therapy” of the early nineties and preceded the rise of the Russian oligarchs. Putin’s brand of nationalist resentment grew out of this moment of extreme collective humiliation. Meanwhile, Hillary Clinton is happily on record pushing for the tampering of Palestinian elections in 2006.

As the political scientist Dov H. Levin has shown, between 1946 and 2000, the United States government conducted at least 81 electoral interventions in other countries, while Russia conducted at least 36. This does not include the U.S. government’s violent overthrow of dozens of governments during this same period, including democratic governments in places like Iran (1953), Guatemala (1954), Congo (1960), Brazil (1964), and Chile (1973). As recent as 2009, Hillary Clinton’s State Department played a complicit role in the brutal deposition of democratically elected president Manuel Zelaya’s government in Honduras. No other country, including Russia, even approaches this level of wanton disregard for the norms of sovereignty. Around the world, organizations that the U.S. “fund[s], support[s] and direct[s] are openly dedicated to manipulating foreign elections, creating U.S.-friendly opposition movements and even overthrowing governments that impede U.S. interests worldwide.” In 1999, President Clinton sent three advisers to Israel to try to swing the country’s elections for Ehud Barak. The New York Times reported that they were “writing advertisements, plotting strategy and taking polls” for the candidate. Imagine what the reaction would be if Putin had literally dispatched three top deputies to join the Trump campaign.

Of course, a few dozen wrongs don’t make a right, and the fact that U.S. outrage over Russian interference is comically hypocritical doesn’t make tampering with our elections unobjectionable. But anyone who sees the Russian activity as an antidemocratic outrage should be condemning the United States just as loudly, and treating the Russia story as some kind of unprecedented act of covert control is laughable.

That said, just because the United States leads the world in meddling of all kinds, that doesn’t mean we are immune to it. In fact, meddling from abroad comes in many forms. Prominent think tanks in Washington are funded by the Gulf states. The United Arab Emirates contributes generously to the coffers of the Middle East Institute (MEI) and the Center for American Progress (CAP). The Brookings Institute graciously accepts millions from Qatar. The Atlantic Council and Center for Strategic and International Studies enjoy similar arrangements with other oppressive regimes like Saudi Arabia. The same can be said for numerous other repressive governments beyond the Gulf. And then there are the defense contractorsWall Street banks, and Silicon Valley behemoths, all of which have joined such governments in capturing intellectual real estate in academia as well.

Our politicians, of course, are being flooded with cash from foreign-related interests. Pro-Israel billionaires like Sheldon Adelson and Haim Saban have bought themselves outsized influence in both parties, with Adelson successfully financing Trump’s rise to power and Saban effectively blocking Keith Ellison’s bid for Democratic National Committee chair. The Turkish lobby, likewise, continues to prove itself another bipartisan force, with everyone from former House leader Dick Gephardt to disgraced national security advisor Michael Flynn being enlisted to secure Ankara prerogatives while whitewashing various crimes against the Armenians and Kurds. As for explicit electoral interference, Saudi Arabia and the UAE have been implicated in foul play in the 2016 election. Same goes for Ukraine. Same goes for Israel in 2012. And these are just the instances so brazen that they have made their way into Wikipedia.

Peter Beinart also looked at the history of US meddling in other countries. He introduced the article with this argument as to why it is important:

Discussing America’s history of electoral interference has never been more necessary. It’s necessary not so Americans can downplay the severity of Russia’s election attack. It’s necessary so Americans can determine how—and how not—to respond. The less Americans know about America’s history of electoral interference, the more likely they are to acquiesce to—or even cheer—its return. That’s dangerous because, historically, American meddling has done far more to harm democracy than promote it.

After discussing this history, he concluded, “Washington’s current burst of nationalist indignation, like the one that followed 9/11, is both vital and dangerous if not tempered by an awareness of America’s own capacity for misdeeds. When liberals start calling people ‘traitors’ for acknowledging that capacity, they’ve gone badly astray.”

Beinart is right. If you think the greatest threat to our democracy comes from Russia you are totally missing what the Democrats and Republicans are doing (which is exactly what they want). Republican voter suppression is a far bigger threat to democracy than anything Russia has done. The Democratic rigging of the 2016 nomination is a far bigger threat to democracy than anything Russia has done. The actions by both parties to keep out third parties is a far bigger threat to democracy than anything Russia has done.

While Russia might have meddled in our elections, just as the US meddles all over the world, their impact has been minimal. The overreaction and hysteria over this is also far more damaging than anything Russia has actually done.

Perhaps we need a New Rule: American politicians who are upset about Russian meddling in US politics should make it a priority to make the US stop meddling in the affairs of other countries.

Fearmongering like this is commonplace:

Remember when they told us we were in grave danger because of the missile gap?
Remember when they told us that the whole world would go Communist after the first dominoes fell in Southeast Asia?
Remember when they told us that Saddam could hit us in minutes with his WMD?
Now they tell  us that Russian hackers are taking control of our government. As Douglas Adams would say, Don’t Panic.

We need enhanced cybersecurity, and a paper trail, regardless of whether future threats to the voting system come from Russia or elsewhere. While there is zero evidence that any votes were changed in 2016, we cannot take that chance in the future. Republican opposition to enhanced voting security makes no more sense than the Democratic claims that Russia altered the 2016 election results. However, we do not need to panic. We do not need to claim that those who question unverified claims are pro-Putin. We do not need to continue to restrict American speech on social media. We do not need to promote a further deterioration in the relations between nuclear powers.

Ecuador Might Be Preparing To Turn Julian Assange Over To Authorities–Will This Lead To Prosecution By The US?

Glenn Greenwald reports at The Intercept that Ecuador is preparing to turn Julian Assange over to UK authorities. He writes:

A source close to the Ecuadorian Foreign Ministry and the President’s office, unauthorized to speak publicly, has confirmed to the Intercept that Moreno is close to finalizing, if he has not already finalized, an agreement to hand over Assange to the UK within the next several weeks. The withdrawal of asylum and physical ejection of Assange could come as early as this week. On Friday, RT reported that Ecuador was preparing to enter into such an agreement…

The central oddity of Assange’s case – that he has been effectively imprisoned for eight years despite never having been charged with, let alone convicted of, any crime – is virtually certain to be prolonged once Ecuador hands him over to the U.K. Even under the best-case scenario, it appears highly likely that Assange will continue to be imprisoned by British authorities.

The only known criminal proceeding Assange currently faces is a pending 2012 arrest warrant for “failure to surrender” – basically a minor bail violation charge that arose when he obtained asylum from Ecuador rather than complying with bail conditions by returning to court for a hearing on his attempt to resist extradition to Sweden.

That charge carries a prison term of three months and a fine, though it is possible that the time Assange has already spent in prison in the UK could be counted against that sentence. In 2010, Assange was imprisoned in Wandsworth Prison, kept in isolation, for 10 days until he was released on bail; he was then under house arrest for 550 days at the home of a supporter…

THE FAR MORE IMPORTANT question that will determine Assange’s future is what the U.S. Government intends to do. The Obama administration was eager to prosecute Assange and WikiLeaks for publishing hundreds of thousands of classified documents, but ultimately concluded that there was no way to do so without either also prosecuting newspapers such as the New York Times and the Guardian which published the same documents, or create precedents that would enable the criminal prosecution of media outlets in the future.

Indeed, it is technically a crime under U.S. law for anyone – including a media outlet – to publish certain types of classified information. Under U.S. law, for instance, it was a felony for the Washington Post’s David Ignatius to report on the contents of telephone calls, intercepted by the NSA, between then National Security Adviser nominee Michael Flynn and Russian Ambassador Sergey Kislyak, even though such reporting was clearly in the public interest since it proved Flynn lied when he denied such contacts…

But the U.S. Justice Department has never wanted to indict and prosecute anyone for the crime of publishing such material, contenting themselves instead to prosecuting the government sources who leak it. Their reluctance has been due to two reasons: first, media outlets would argue that any attempts to criminalize the mere publication of classified or stolen documents is barred by the press freedom guarantee of the First Amendment, a proposition the DOJ has never wanted to test; second, no DOJ has wanted as part of its legacy the creation of a precedent that allows the U.S. Government to criminally prosecute journalists and media outlets for reporting classified documents.

But the Trump administration has made clear that they have no such concerns. Quite the contrary: last April, Trump’s then-CIA Director Mike Pompeo, now his Secretary of State, delivered a deranged, rambling, highly threatening broadside against WikiLeaks. Without citing any evidence, Pompeo decreed that WikiLeaks is “a non-state hostile intelligence service often abetted by state actors like Russia,” and thus declared: “we have to recognize that we can no longer allow Assange and his colleagues the latitude to use free speech values against us.”..

But there seems little question that, as Sessions surely knows, large numbers of U.S. journalists – along with many, perhaps most, Democrats – would actually support the Trump DOJ in prosecuting Assange for publishing documents. After all, the DNC sued WikiLeaks in April for publishing documents – a serious, obvious threat to press freedom – and few objected.

And it was Democratic Senators such as Dianne Feinstein who, during the Obama years, were urging the prosecution of WikiLeaks, with the support of numerous GOP Senators. There is no doubt that, after 2016, support among both journalists and Democrats for imprisoning Assange for publishing documents would be higher than ever.

Greenwald added on Twitter: “It should take only the tiniest amount of rationality to understand the dangers to journalists from having the DOJ prosecute Assange for publishing classified or stolen documents. From the Pentagon Papers to the Snowden reporting to daily leaks, media outlets do that every day.”

Kevin Drum does not think there would be  much support for prosecution among journalists or Democrats:

I don’t have any independent knowledge of what will happen to Assange next, or whether he will indeed eventually be extradited to the United States. But I will say this. If the case brought against him is a fairly ordinary one of publishing classified material, I expect, contra Greenwald, that virtually no Democrats and absolutely no journalists will support the government’s case.¹ There would, unfortunately, probably be a few Democratic politicians who would cheer his prosecution, but even there I think (or hope, anyway) that their numbers would be small. If this case goes forward, I suppose it will be a good test of whose level of cynicism is currently best calibrated to the current mood of the American public.

¹The exceptions are likely to be nutballs like Breitbart or folks like that. Even Fox News would probably defend him against a straight-up publishing charge.

I agree that serious journalists will not support prosecution, but am not so sure about the Democrats. Again, as Greenwald pointed out, the DNC has already sued WikiLeaks for publishing documents obtained by others. Again, as Greenwald points out, this is a serious, obvious treat to press freedom.

US Ranking Falls On Press Freedom Index

The threats to freedom of the press under Donald Trump have led to Reporters Without Borders dropping the rating of the United States to 45th, continuing its downward trend. The United States previously finished No. 43 in 2017 and No. 41 in 2016. Even before Trump, they note restrictions in press freedom due to the prosecution of whistleblowers under the Espionage Act which predated his presidency.

From their report on the United States:

The United States’ ranking fell from 43 to 45 out of 180 countries in Reporters Without Borders’ (RSF) 2018 World Press Freedom Index, continuing its downward trend in the first year of Donald J. Trump’s presidency. In contrast, its northern neighbor Canada gained 4 places due to steps taken to safeguard the confidentiality of journalists’ sources.

Donald Trump furthers First Amendment decline

In 2017, the 45th President of the United States helped sink the country to 45th place by labeling the press an “enemy of the American people” in a series of verbal attacks toward journalists, attempts to block White House access to multiple media outlets, routine use of the term “fake news” in retaliation for critical reporting, and calling for media outlets’ broadcasting licenses to be revoked. President Trump has routinely singled out news outlets and individual journalists for their coverage of him, and retweeted several violent memes targeting CNN.

The violent anti-press rhetoric from the White House has been coupled with an increase in the number of press freedom violations at the local level as journalists run the risk of arrest for covering protestsor simply attempting to ask public officials questions. Reporters have even been subject to physical assault while on the job.

Press freedom violations in the country of the First Amendment in fact have become so frequent of late that RSF joined a coalition of more than two dozen press freedom organizations to launch the US Press Freedom Tracker in August, which documented 34 arrests of journalists in 2017, the majority while covering protests (find out more on the tracker).

However, the Trump effect has only served to amplify the disappointing press freedom climate that predated his presidency. Whistleblowers face prosecution under the Espionage Act if they leak information of public interest to the press, while there is still no federal “shield law” guaranteeing reporters’ right to protect their sources. Journalists and their devices continue to be searched at the US border, while some foreign journalists are still denied entry into the US after covering sensitive topics like Colombia’s FARC or Kurdistan.

The US’ decline in press freedom is not simply bad news for journalists working inside the country; the downward trend has drastic consequences at the international level. “Fake news” is now a trademark excuse for media repression, in both democratic and authoritarian regimes. Democratic governments from several countries in the Organisation of East Caribbean States (OECS), have adopted Trump’s favorite phrase when criticizing the work of journalists. Given that criminal defamation still remains on the books in many Caribbean countries, the spread of Trump’s anti-media rhetoric could have very serious consequences for the local press.

Norway and Sweden were ranked at the top for press freedom for the second straight year. North Korea, Eritrea, Turkmenistan, Syria and China were at the bottom. The report also mentioned the impact of strongmen such as Vladimir Putin:

The Index also reflects the growing influence of “strongmen” and rival models. After stifling independent voices at home, Vladimir Putin’s Russia (148th) is extending its propaganda network by means of media outlets such as RT and Sputnik, while Xi Jinping’s China (176th) is exporting its tightly controlled news and information model in Asia. Their relentless suppression of criticism and dissent provides support to other countries near the bottom of the Index such as Vietnam (175th), Turkmenistan (178th) and Azerbaijan (163rd).

I noted last week how Edward Snowden had joined civil liberties organization in condemning restrictions on free communications in Russia. In a recent interview, Ed Schultz argued that Russia Today provides him with more independence than he had at MSNBC, which he says fired him for his support for Bernie Sanders over Hillary Clinton.

DNC Suit Against Wikileaks Is A Dangerous Attack On Freedom Of The Press

In 2016 the Democratic National Committee and Hillary Clinton were exposed for undermining democratic principles by rigging the Democratic nomination and other acts of gross dishonesty. While there were many sources of information regarding this, email released by Wikileaks was instrumental in both verifying what was already suspected and providing new information. Rather than showing any remorse and instituting real reform, the Democratic Party has now initiated the absurd act of suing Wikileaks, Russia, and the Trump campaign based upon their unproven conspiracy theories that the 2016 election was stolen by these groups. In other words, the DNC is filing a lawsuit alleging damages because the truth about them was released by Wikileaks. The most alarming aspect is their attack on freedom of the press by including Wikileaks for publishing leaked or stolen emails provided to them.

This foolish action made the DNC the target of civil libertarians on a weekend in which Donald Trump was also attacking the press. The DNC is including Wikileaks in the suit not because of any claims that they had hacked the DNC, but purely because they posted email they received. Media organizations often publish stolen material and the DNC’s attempt to sue Wikileaks for doing is an attempt to intimidate the media for doing so. This includes The Pentagon Papers, The Panama Papers, and the revelations from Edward Snowden about NSA surveillance. The right of the media to publish stolen documents has been upheld by the Supreme Court.

As Glenn Greenwald and Trevor Timm, executive director of the Freedom of the Press Foundation wrote, “investigative journalism frequently entails media outlets receiving documents and other private information from people who have stolen them or otherwise broke the law to obtain and release them. To convert that into a legal transgression or part of an unlawful racketeering plot – as the DNC lawsuit seeks to do – is to turn a core part of journalism into something illegal.” They also noted:

Even WikiLeaks’ most devoted critics and enemies are constrained to acknowledge that WikiLeaks’ publications in general – and their disclosure of at least some of the DNC and Podesta emails in particular – informed the public about matters legitimately in the public interest. That’s why literally every major media outlet reported on their contents, why those documents forced the resignation of five top DNC officials and the firing of a CNN commentator, and why the DNC itself believes, as evidenced by this lawsuit, that it changed perceptions of Hillary Clinton.

For an entertaining history on this history in which the Supreme Court upheld the right of newspapers to publish stolen documents watch the recent movie The Post. To use an analogy to The Pentagon Papers, the DNC is not only suing what might be the equivalent of Daniel Ellsberg for stealing the papers, but also suing those in the position of The New York Times and The Washington Post (in the pre-Bezos era).

Is this really the position the DNC desires to be in if they want to have any hope of rebuilding bridges with the left? The Democrats have been the villains of this story. Their attempts to portray themselves as the victims, as opposed to cleaning up the party and embracing reform, is counterproductive if they hope to ever regain the trust of many on the left.

Democratic opposition to the publication of email which exposes the unethical actions of the DNC is also rather hypocritical considering that most of them have probably cheered on Rachel Maddow for airing information on leaked tax returns from Donald Trump.

Wikileaks has been victorious in previous cases in which claims that they were involved in the theft of documents they posted. They have also been the target of Democrats in the past, including several false claims about them from Hillary Clinton.

Wikileaks has responded to this suit stating in a Tweet stating, “As an accurate publisher of newsworthy information @WikiLeaks is constitutionally protected from such suits.” They are also requesting contributions for a counter-suit: “Help us counter-sue. We’ve never lost a publishing case and discovery is going to be amazing fun.”

There are also questions regarding the validity of other aspects of the suit. The generally pro-Democratic blog Vox writes:

…there were many hacks and claims of hacks during 2016, and it hasn’t yet been shown whether any of these Trumpworld and Russia contacts involved coordination on the DNC email leak itself, or even whether any cooperation effort between Trump’s team and Russia involving hacked material did materialize.

The DNC may well be hoping to use this new suit to surface more evidence of this, should it proceed to the discovery stage — but as of now, they don’t have the goods on any Trumpworld involvement with the hack and leak that damaged Democrats specifically.

Slate points out that, “Russia and WikiLeaks are unlikely to cooperate with a U.S. civil proceeding.” They also note that, “The DNC’s evidence of Trump participation in the scheme is limited to suggestive but not conclusive information that has already appeared in media reports.” They questioned the point of this suit, which appears to be primarily a stunt, when these matters are already under investigation by Robert Mueller (and we have yet to see evidence to support many of the claims coming from the DNC). They also noted that some Democrats questioned spending money on this during a conference call reviewing the suit. Slate was not impressed with the response from the DNC:

“We’re not getting into costs regarding this litigation” is not the kind of thing you say, in my opinion, when you are really confident that you are spending your donors’ money wisely during a crucial election year!

Edward Snowden Joins Civil Liberties Groups In Protesting Restrictions On Free Speech In Russia

Edward Snowden has joined civil liberties organizations including Amnesty International, the American Civil Liberties Union, and the Freedom of the Press Foundation in condemning Russia for its attempts to suppress a widely used messenger app used to avoid government monitoring of communications. Newsweek reports:

Whistleblower Edward Snowden has backed a prominent critic of the Kremlin in a tense standoff between Russian authorities and a private messaging app used by millions.

The National Security Agency (NSA) whistleblower, who fled to Russia from the U.S. in 2013, risked the wrath of the Kremlin when he tweeted his support on Tuesday for messaging app Telegram and its founder Pavel Durov, who is flouting a government request to cease operations in Russia.

“I have criticized Telegram’s security model in the past, but Durov’s response to the Russian government’s totalitarian demand for backdoor access to private communications—refusal and resistance—is the only moral response, and shows real leadership,” Snowden wrote on Twitter.

The messenger tool is facing a formal ban from Russia’s state watchdogs for refusing to allow authorities access to users’ private conversations, despite numerous requests. A Russian court ruled in favor of the ban last week, after authorities argued that Telegram’s encrypted chat feature could be used for criminal or terrorist activities.

Telegram’s privacy is one of its main selling points, and foiling Russian security agents’ attempts to eavesdrop on private chats was part of its raison d’etre, Durov has previously said. The Russian-born developer has refused to comply with the government’s demands and recently pledged millions of dollars toward a “digital resistance” to circumvent the ban.

Durov has said the ban has not resulted in a major disruption of Telegram’s operations, as social media users have shared tips online on tools that help inoculate against blocking the app. The most widely cited tool appears to be the use of so-called VPN anonymizers, which disguise an internet user’s location and allow residents of Russia to access the internet as though they were abroad.

Snowden has also retweeted posts opposing the suppression of Telegraph from civil liberties organizations.

Bloomberg notes that Google and Amazon have become involved in the fight:

Russia’s attempts to ban access to the Telegram messaging service threaten to drag U.S. tech giants including Alphabet Inc. and Amazon.com Inc. into the war with founder Pavel Durov as he turns to proxy servers to bypass the blocking measures.

Russian communications regulator Roskomnadzor has already blocked 18 Google and Amazon sub-networks that Telegram used to avoid restrictions, the watchdog’s head Alexander Zharov told the Izvestia daily on Wednesday. More than 15 million IP addresses were blocked as a result, making some third-party internet resources unavailable in Russia, according to Qrator Labs.
 Durov rejected as “unconstitutional” Russian officials’ demands to turn over encryption keys to allow the Federal Security Service, known as the FSB, to access users’ messages on Telegram to intercept communications of terrorists. Roskomnadzor started blocking access to the messenger on Monday, after a Moscow court ruled last week that Durov was in breach of Russian law.

Telegram’s Russian founder fought back, offering to pay administrators of proxy servers in bitcoins to help bypass restrictions and saying he plans to spend millions of dollars on what he called “Digital Resistance.” Telegram “remained available for the majority of Russia’s residents” despite the blocking attempts, Durov said Wednesday on Twitter.

Snowden also tweeted, “Journalists working the story of being blocked in Russia should be absolutely clear that if and halt its access to their cloud platform or remove the app from their stores, they are witting collaborators in a censorship campaign, not victims of it.”

In related news, The Verge reports that recent actions by Google to discontinue domain-fronting will hinder attempts at circumventing censorship:

App developers won’t be able to use Google to get around internet censorship anymore. The Google App Engine is discontinuing a practice called domain-fronting, which let services use Google’s network to get around state-level internet blocks.

The article quotes Access Now in protesting this change:

“Google has long claimed to support internet freedom around the world, and in many ways the company has been true to its beliefs,” said Nathan White of Access Now. “Allowing domain fronting has meant that potentially millions of people have been able to experience a freer internet and enjoy their human rights. We urge Google to remember its commitment to human rights and internet freedom and allow domain fronting to continue.”

(more…)

Edward Snowden On Putin, Obama, Trump And Questioning Power

With the high level of McCarthyism coming from pro-Clinton Democrats in recent months, it has been commonplace recently for such Democrats to falsely attack those they disagree with as being pro-Russia. They fail to understand that people can be opposed to Clinton, Trump, and Putin–with all three actually sharing many characteristics with their mutual lack of respect for the norms of liberal democracy. This week several blogs on the left have pointed out that Edward Snowden has joined others in posting videos exposing ballot box stuffing in the recent Russian election:

Snowden posted the video with this caption: “The ballot stuffing seen today in Moscow and elsewhere in the Russian election is an effort to steal the influence of 140+ million people. Demand justice; demand laws and courts that matter. Take your future back.”

Glenn Greenwald retweeted this and said, “How many days will elapse until we see the next tweets claiming that Snowden never criticizes Putin or Russia – something he in fact does with great vigor and frequency?”

Stefania Maurizi recently interviewed Edward Snowden for La Repubblica. The first question was about the Democrats who joined with Republicans to support mass surveillance:

Five years have passed since you revealed the NSA’s mass surveillance activities, and we have just seen dozens of US Democrats voting with the Trump Administration to renew the NSA’s surveillance powers, we’ve seen Italy approve a law which extends mandatory data retention to six years, but we’ve also seen a UK Court ruling that the UK’s mass surveillance regime is unlawful. The debate is still ongoing and the picture is mixed. In the long run, will mass surveillance be downsized in our democracies, or will it continue to flourish?

“That’s a big question…(he smiles). For one it’s certainly a real shame, I think, for the Democratic party, and unfortunately this has become quite routine, that the party that is presenting itself as a progressive force is so often joining in to limit the rights that the public enjoys. I don’t think this is unique to the Democratic Party, we see this happening even in countries that don’t share the same dynamics. What we are seeing is a new kind of creeping authoritarianism spreading across the globe.

Having said that, we have made some limited progress: in the United States, of course, we had the passage of the USA Freedom Act, which is the first surveillance law in 40 years that limited the powers of intelligence agencies rather than expanding them, but it is not guaranteed that this progress will continue, and in fact we see laws like the section 702 of the FISA [the NSA’s surveillance powers reauthorized by the U.S. Congress]…

He was later asked about Obama and Trump:

We saw that President Obama, who was an outsider to the US military-intelligence complex, initially wanted to reign in the abuses of agencies like the CIA and the NSA, but in the end he did very little. Now we see a confrontation between president Trump and so-called Deep State, which includes the CIA and the NSA. Can a US president govern in opposition to such powerful entities?

“Obama is certainly an instructive case. This is a president who campaigned on a platform of ending warrantless wiretapping in the United States, he said “that’s not who we are, that’s not what we do”, and once he became the president, he expanded the program.  He said he was going to close Guantanamo but he kept it open, he said he was going to limit extrajudicial killings and drone strikes that has been so routine in the Bush years. But Obama went on to authorize vastly more drone strikes than Bush. It became an industry.

As for this idea that there is a Deep State, now the Deep State is not just the intelligence agencies, it is really a way of referring to the career bureaucracy of government. These are officials who sit in powerful positions, who don’t leave when presidents do, who watch presidents come and go, they influence policy, they influence presidents and say: this is what we have always done, this is what we must do, and if you don’t do this, people will die. It is very easy to persuade a new president who comes in, who has never had these powers, but has always wanted this job and wants very, very badly to do that job well. A bureaucrat sitting there for the last twenty years says: I understand what you said, I respect your principles, but if you do what you promised, people will die. It is very easy for a president to go: well, for now, I am going to set this controversy to the side, I’m going to take your advice, let you guys decide how these things should be done, and then I will revisit it, when I have a little more experience, maybe in a few months, maybe in a few years, but then they never do.

This is what we saw quite clearly happen in the case of Barack Obama: when this story [of Snowden exposing the NSA’s mass surveillance] came forward in 2013, when Obama had been president for five years, one of the defences for this from his aides and political allies was: oh, Obama was just about to fix this problem!  And sure enough, he eventually was forced from the wave of criticism to make some limited reforms, but he did not go far enough to end all of the programs that were in violation of the law or the constitution of the United States.

That too was an intentional choice: he could have certainly used the scandal to advocate for all of the changes that he had campaigned on, to deliver on all of his promises, but in those five years he had become president, he discovered something else, which is that there are benefits from having very powerful intelligence agencies, there are benefits from having these career bureaucrats on your side, using their spider web over government for your benefit.

Imagine you are Barack Obama, and you realise – yes, when you were campaigning you were saying: spying on people without a warrant is a problem, but then you realise: you can read Angela Merkel’s text messages. Why bother calling her and asking her opinion, when you can just read her mind by breaking the law? It sounds like a joke, but it is a very seductive thing. Secrecy is perhaps the most corrupting of all government powers, because it takes public officials and divorces them from accountability to the public.

When we look at the case of Trump, who is perhaps the worst of politicians, we see the same dynamic occurring. This is a president who said the CIA is the enemy, it’s like Nazi Germany, they’re listening to his phone calls, and all of these other things, some claims which are true, some claims which are absolutely not.  A few months later, he is authorizing major powers for these same agencies that he has called his enemies.

And this gets to the central crux of your question, which is: can any president oppose this?  The answer is certainly. The president has to have some familiarity going in with the fact that this pitch is going to be made, that they are going to try to scare him or her into compliance. The president has to be willing to stand strongly on line and say: ‘I was elected to represent the interests of the American people, and if you’re not willing to respect the constitution and our rights, I will disband your agency, and create a new one’. I think they can definitely be forced into compliance, because these officials fear prison, just like every one of us.”

He was asked about attacks claiming that he only exposes problems with  the United States:

How do you reply to those critics who attack you for “only” exposing the US mass surveillance and saying that the Chinese and the Russian surveillance complexes are no less threatening?

“This is an easy one: I am not Chinese, I am not Russian, I didn’t work for the Chinese secret services or Russian secret services, I worked for the US ones, so of course my information would be about the US”.

Critics say we should also expose the Russians and the Chinese…

“Yes, if I could, I would. We need more Chinese whistleblowers, we need more Russian whistleblowers, and unfortunately that becomes more difficult to make that happen when the United States is itself setting a precedent that whistleblowers get persecuted and attacked, rather than protected”.

How do you see this serious diplomatic crisis between the UK and Russia?
“I haven’t followed it that closely, but the idea that political violence is being used in any form is reprehensible, it needs to be condemned. If the UK allegations are correct, poisoning people, particularly people who are long out of their service, and in a different country, is contemptible”.

Snowden did subsequently have the opportunity to help expose problems in Russia with the video in the tweet at the start of this post.

The interview concluded with Snowden’s being asked for his advice for young and talented people who want to do the right thing:

“Question power. I don’t want people to trust me, I want people to doubt me, but I want them to take that experience and apply that to the real powers of society, not just isolated, exiled whistleblowers. Think about politicians, business leaders, the people who shape your society. Shouldn’t it be that the ones who wield the most power in society are the ones who are held to the highest standard of behaviour?

And look at the way the system works in your country, around you today, and ask if in fact the most powerful people in society are being held to the highest standards, or if you see cases where if the ordinary person breaks the smallest law, they’re going to jail, but if the most powerful people in society are engaged in criminal activity on the grandest scales, they can simply apologize and face no consequences. If that is the case, think about what you can do to fix that. The first step is always to question if this is the way things should be, and if it’s not, it’s time to change it”.

Democrats, Including Nancy Pelosi, Help Republicans Block Civil Liberties Protections

The House has voted to renew the NSA’s warrantless surveillance program after previously failing to pass an amendment to place limitations on the program to help protect the rights of Americans. The New York Times reports:

The House of Representatives voted on Thursday to extend the National Security Agency’s warrantless surveillance program for six years with minimal changes, rejecting a yearslong effort by a bipartisan group of lawmakers to impose significant new privacy limits when it sweeps up Americans’ emails and other personal communications.

The vote, 256 to 164, centered on an expiring law that permits the government, without a warrant, to collect communications of foreigners abroad from United States firms like Google and AT&T — even when those targets are talking to Americans. Congress had enacted the law in 2008 to legalize a form of a once-secret warrantless surveillance program created after the Sept. 11 terrorist attacks.

The legislation approved on Thursday still has to go through the Senate. But fewer lawmakers there appear to favor major changes to spying laws, so the House vote is likely the effective end of a debate over 21st-century surveillance technology and privacy rights that broke out in 2013 following the leaks by the intelligence contractor Edward J. Snowden…

Before approving the extension of the law, known as Section 702 of the FISA Amendments Act, the House voted 233 to 183 to reject an amendment that proposed a series of overhauls. Among them was a requirement that officials get warrants in most cases before hunting for and reading emails and other messages of Americans swept up under the program.

Daniel Schuman of Demand Progress tweeted a list of the fifty-five Democrats, including Nancy Pelosi and Intelligence Committee Democratic Ranking Member Adam Schiff, who voted against the amendment introduced by Republican Justin Amash.

Schuman noted that the USA Rights amendment could have passed if twenty-six of these Democrats had supported it.

The Intercept described the effects of the bill which was passed:

The law serves as the legal backing for two mammoth NSA programs revealed by Edward Snowden: Upstream, which collects information from the internet junctions where data passes into and out of the country, and PRISM, which collects communications from U.S.-based internet companies like Google, Microsoft, Apple, and Yahoo.

The programs rest on the notion that they are “targeting” foreigners, but they collect massive amounts of data on Americans as well, including wholly domestic communications. Amazingly, the intelligence community has never disclosed how much. Numerous members of Congress have requested an estimate since 2011, but both the Obama and Trump administrations have refused to provide one.

The bill also consolidates the FBI’s legal authority to search those communications without a warrant. Under current rules, the NSA shares certain kinds of information it collects under Section 702 with the FBI, whose agents can then search it in the course of investigating crimes unrelated to national security. In a secret court hearing in 2015, a lawyer for the Justice Department compared the frequency of those searches to the use of Google.

The American Civil Liberties Union issued this statement:

The House voted today to give President Trump and his administration more spying powers. The government will use this bill to continue warrantless intrusions into Americans’ private emails, text messages, and other communications.

No president should have this power. Yet, members of Congress just voted to hand it to an administration that has labeled individuals as threats based merely on their religion, nationality, or viewpoints. The Senate should reject this bill and rein in government surveillance powers to bring Section 702 in line with the Constitution.

Of course there is little chance of stopping this in the Senate either.  Rand Paul and Ron Wyden have sponsored a Senate version of the USA Rights Act.

There was one amusing aspect of this with Donald Trump again showing he has no understanding of the legislation before Congress. Trump initially put out a tweet opposing the bill after someone on Fox and Friends had said that the FISA Act had been used to justify surveillance of him based upon the Steele Dossier. He later reversed this after someone explained the position of his administration to him regarding the legislation.

This turned out to be only the second most stupid thing said by Donald Trump today. Later in the day this president with a shithole for a brain referred to Haiti and African countries as shithole countries.

Shocking: Russia Caught “Meddling” It Its Own Parliamentary Elections

Hysteria about Russia, fueled by Hillary Clinton’s drive to divert blame for her loss to Donald Trump, continues to spread. The scare about Russian Facebook ads and Twitter accounts looks ridiculous when the facts are seriously analyzed. We are repeatedly seeing hysterical headlines, sometimes claiming to contain the smoking gun, only to quickly find that the initial report was incorrect. A column at Bloomberg News looked at some recent examples, starting with the report that money was sent by Russia to embassies with the indication, “to finance election campaign of 2016.” To some that was seen as proof that Russia rigged the 2016 election. The more plausible response:

The Trump-Russia story is becoming surreal. It’s worth pausing for a minute and applying a tool that’s getting rusty from disuse — Occam’s razor, and specifically Isaac Newton’s take on it: “We are to admit no more causes of natural things than such as are both true and sufficient to explain their appearances.”

Here’s a simple example. BuzzFeed on Tuesday came out with a story about the U.S. Federal Bureau of Investigation checking into 60 transfers sent by the Russian Foreign Ministry to embassies around the world with a note that the money was meant “to finance election campaign of 2016.” Russia says that meant the Russian parliamentary election that took place in September 2016, not the U.S. presidential election. The voting for that election was organized in 147 countries; some 1.9 million Russian expatriates could come to hundreds of diplomatic missions to cast their votes, though only some 216,000 ended up doing so.

This is an obvious, simple explanation for the transfers. If U.S. election interference was intended with the funds, would a Russian government agency openly transfer money to “finance” it and label it as such? Why would the Foreign Ministry transfer money for a U.S. election meddling effort to dozens of diplomatic missions far from U.S. shores? The transfers arrived in early August, just in time to organize the polling stations for the Sept. 18 Russian election. But BuzzFeed pumped up the drama: “Just as the U.S. presidential election was entering its final, heated phase, the Russian foreign ministry sent nearly $30,000 to its embassy in Washington.” After the story ran, the Russian Foreign Ministry provided the obvious explanation; BuzzFeed added it to the piece without altering its ominous tone.

So the latest smoking gun re Russia showed that Russia was “meddling” in the Russian parliamentary elections.

The same column looked at the exchange of email between Donald Trump, Jr. and Wikileaks, which fueled attacks on Wikileaks after one of the messages was  edited in a way that seems to play into the Clinton attacks that Wikileaks aligned with Russia. Their bogus claims tying Wikileaks to Russia leads to the false claims that Donald Trump, Jr. communicating with Wikileaks is an act of collusion with Russia.

The actual text of the exchange looks more like Wikileaks was trying to entice Donald Trump, Jr. into releasing his father’s tax returns by acting as if Wikileaks was trying to help Trump. It certainly would have made no sense for Wikileaks to have acted neutral or pro-Clinton in such negotiations. This is also consistent with Assange’s statements that he regretted that his releases of information on the 2016 presidential candidates were limited to Clinton, but Trump did not have a government record to expose. Releasing Trump’s tax returns would have certainly provided such desired balance. Unfortunately Donald Trump, Jr., who has shown a willingness to collude with not only Wikileaks but with Russia, did not fall for this. Hopefully Trump’s tax returns will be released instead as part of Robert Mueller’s investigation.

Of course Assange very likely did have a strong objection to Clinton considering how her record of both extreme hawkishness and extreme hostility towards government transparency conflicted with two of Assange’s priorities. He might have also been influence by the widely reported, but never verified, claims that Clinton had advocated killing Assange in a drone strike.

The Matrix made this offer which is relevant to current politics, even if the context is different: “You take the blue pill, the story ends. You wake up in your bed and believe whatever you want to believe. You take the red pill, you stay in Wonderland, and I show you how deep the rabbit hole goes.”

The number of people attacking backers of transparency such as Wikileaks and Edward Snowden again this week (including many faux-liberal Democrats) shows that far too many Americans (again including many faux-liberal Democrats) will take the blue pill over the red pill every chance they have.

Today’s Deals: Leak Of The Month Club & Free Parody From The White House

Plans like the Book of the Month Club have become near obsolete with the ease of on line purchasing. From time to time offers such as a wine of the month club do come in handy when unable to decide upon a gift. Now we have a new variety for the modern era–the leak of month club. The Hill reports that hackers have really made this available:

A group of suspected National Security Agency (NSA) leakers known as the ShadowBrokers on Tuesday announced more details of its monthly subscription service to provide remaining documents from its NSA cache.

The group has been releasing files that appear to have been pilfered from the NSA in 2013 since last summer — most notably releasing a suite of Windows hacking tools that were subsequently used in the WannaCry ransomware that induced a global panic earlier this month.

The ShadowBrokers on Tuesday posted instructions on how to join a “Wine of the Month” club for new NSA leaks. In the post, the group said interested parties should send 100 ZCash coins — a digital currency akin to bitcoin — to sign up for the service. Enrollment will begin June 1 and end June 30.

In case you are interested in ordering, ZCash coins are worth over $230, making the cost of this over $23,000. Want to know what you will get for this:

Q: What is going to be in the next dump?

TheShadowBrokers is not deciding yet. Something of value to someone. See theshadowbrokers’ previous posts… Peoples is seeing what happenings when theshadowbrokers is showing theshadowbrokers’ first. This is being wrong question. Question to be asking ‘Can my organization afford not to be first to get access to theshadowbrokers dumps?’

At that price, yes many organizations will decide they can better afford to not be the first.

Besides, there are so any free things you can get. There’s always Wikileaks or Ed Snowden for government secrets. If you want humor, there are the White House releases. The Fix mocks this one as sounding more like a Saturday Night Live parody:

President Trump has a magnetic personality and exudes positive energy, which is infectious to those around him. He has an unparalleled ability to communicate with people, whether he is speaking to a room of three or an arena of 30,000. He has built great relationships throughout his life and treats everyone with respect. He is brilliant with a great sense of humor … and an amazing ability to make people feel special and aspire to be more than even they thought possible.

I imagine that the set of Republican opponents he destroyed during the primaries, such as low energy Jeb Bush, all appreciated Donald Trump’s great sense of humor and felt special. As Slate commented, “What a set of things to say about a president who’s consistently miserable, sarcastic, and angry!” But his tweets are always free.

Alternative Facts, George Orwell, And Doctor Who

The election of Donald Trump appears to be stimulating reading along with protests. The Hill reports a surge in sale of George Orwell’s novel 1984 after Kellyanne Conway said that the White House press secretary gave “alternative facts” after he made false statements about the crowd size at the inauguration. Alternative facts sounds alarmingly like the newspeak and doublethink of 1984.  1984 moved up to the sixth best selling book on Amazon on Tuesday. Sales of 1984 also surged in 2013 in response to the revelations from Edward Snowden regarding NSA surveillance.

1984 is probably the most famous literary criticism of the techniques used by authoritarian regimes, but other sources have also been discussed following the inauguration of Donald Trump. Yesterday I posted about two novels, The Plot Against America by Philip Roth and It Can’t Happen Here by Sinclair Lewis. Both novels involved an alternative history in which populist politicians promising to  make America great defeated FDR and established dictatorships.

Doctor Who fans have been giving the show credit for predicting this forty hears ago in an episode in which the Doctor, then played by Tom Baker, said, “You know, the very powerful and the very stupid have one thing in common. They don’t alter their views to fit the facts. They alter the facts to fit their views.”

Boing Boing used the format of Little Golden Books to make the above mock cover for The Little Golden Book of Alternate Facts. The cover presents all you really need to know as to what alternate facts really are.

Seth Meyers compared Kellyanne Coneway’s statement to a Jedi novice:  “Kellyanne Conway is like someone trying to do the Jedi mind trick after only a week of Jedi training. ‘These are not the droids you’re looking for.’ ‘Yeah, they are, those are my droids.’ ‘No, these are alternative robots.'”

I suspect that the Trump administration might be associated with this meme forever. After he dies, Donald Trump’s tombstone might read: “Alternative Fact: He Was A Really Great President.”